The Law and Me

"The law is reason, free from passion" – Aristotle

A noble thought, a timeless fashion.

But when will its reason, so cold and austere,

Free me from the shadows I carry near?

Justice speaks in measured, rational tones.

But my cries echo through hollow stones.

Where is the balance, empathy's face,

When the law moves slow in a survivor's space?

Rationality reigns—detached, so severe—

But it cannot erase what happened here.

I seek not vengeance, only to heal.

For my wounds are deep, and time won't seal.

If law is reason, then let it see

The human cost of this agony.

Not just logic—compassion must rise

To mend the broken and hear our cries.

Hey, thugs in the corner, hard as stone—

scripted lines straight from a government tone.

Invisible bugs, Tape. Face, grin,

Lady in Red, still searching within.

I'll be your "sacrificed thug."

soft snacks stacked—miss me with thug.

We're Alpha Beta Kappas, mascara fierce,

Cartel queens throwing shade like spears.

Gambino girls drop GPA points,

Gucci bros pull hammer and joints.

Yakuza tags rinse clean in an hour,

Trials laundering cookie dough power.

Parties switched to LaCroix in solo cups,

awkward shrugs where the boss once pumped.

Our "cartel" splits Uber fare by three,

Lemonade fronts for mediocrity.

From Medellin to Genovese—hear us loud,

Greek life's mafia; basic, extra, proud.

Legends fueled by sarcasm, hugs so snug,

snacks in hand—ain't that real thug?

In this collage of fleeting youth, we sway,

drunk on a rhythm that won't stay.

Echoes of laughter in this crowded space—

we stitch our peace through chaos and grace.

Miss JusticE

Cherreads

Chapter 12 - el§le

§ Elle Moods Meets Elle Woods §

Harvard Law School Application Essay

I was raised far from privilege in Waterford, California—where "justice" is a rumor and survival is a talent. I've learned that life hands some people a stick and others a sword, but the truth is, it never asks who deserves which. What I carry is the perspective of the overlooked, the misjudged, the ones I call "T-hugs"—the rugged.

T-hugs are tattooed by stereotype and often criminalized before their stories are ever told. If society's greatest crime is the abandonment of its own, then T-hugs are its most silent survivors.

Growing up, I found comfort in the commandments, repeated by every faith: "Honor thy mother and father," "Thou shalt not kill." Yet those same commandments declare no one sin is greater than another. If you forget to call your mother, the scripture says you fall short. The point isn't to trivialize murder—it's to show the peril of a system obsessed with ranking sins while demanding we never judge one another. Yet every page of scripture seems filled with nothing but judgment. In fact, the Bible, revered by nearly all faiths, is less an instruction manual and more of a warning label: judge at your own peril, because nobody is truly innocent.

And yet, we built our laws from this contradiction.

If the Bible was written in a language no modern person can verify, translated by governments as needed, how could we ignore the chance for error? When we base justice on foundations we cannot even decipher, whose truth are we really upholding?

Blind Justice or Blind Spots?

We cling to the belief that "the law is blind," but maybe what's really blind is our willingness to question that phrase. Are we blind to the fact that discretionary power—the ability to arrest or not, to see crime or circumstance—shapes outcomes just as much as any statute?

Police have broad latitude in making arrests, especially for drugs, nonviolent misdemeanors, and minor offenses. In truth, no officer is blindly bound by the letter of the law—their discretion is not only powerful, but foundational to justice itself. Yet, when it comes to drugs, arrests soar, and the faces in handcuffs are so often the homeless, doing what they need to survive the night. Their "crime" is fighting off a darkness so suffocating that simply seeking to make it through another day makes them heroes in my eyes.

Too often, even the officers themselves forget—or are never taught—that their power is flexible and meant to serve compassion as much as control. The system trains them to see only the law, not the life behind it. Many openly admit to feeling trapped by protocol, even when their conscience tells them otherwise.

When our law's discretion is wielded at its worst, it doesn't differentiate between a person's hope for comfort and a real threat to society. As a result, those most in need of help—the unhoused, the addicted, the traumatized—are funneled straight into the justice system, not because they are the greatest threat, but because they are the most vulnerable.

No Win Without Weighing What Matters

Imagine standing before a court with the defense: "Your Honor, you cannot judge my client any harsher than yourself. For if forgetting to call your mother breaks the same law as murder in scripture, who among us is truly without guilt?"

Justice is not about winning or losing a case; it's about recalibrating the scales. I don't seek to be a lawyer who argues hardest—I want to be the one who asks the right questions, who refuses to rank sin or suffering, and who understands that the most broken are often the most brave.

I created Elle Moods—my alter ego—to confront the comfortable with the uncomfortable. To ask not only "who broke the stick?" but "why was it swung in the first place?" The goal isn't to excuse, but to see—the pain, the context, the humanity. Elle Moods doesn't judge by the worst thing someone has done; she measures by the best thing they might still become if anyone bothered to try.

Conclusion: Rewriting the Forest from the Roots

I am not only Elle Woods, the dreamer—I am Elle Moods, the advocate, emboldened by contradiction but resolved to act. I believe in law, but only if it sees what's in front of it. I believe the law holds power only because we agree it does—and it must always earn that agreement by delivering true justice, not vain punishment.

Give me the tools of Harvard, and I will use them to shape a legal system that refuses to be just "blind" but dares to see the ignored, the misunderstood, the survivor clutching hope for one more day.

Don't just blame the stick—heal the tree, nurture the forest, and do not fear the shadows, for they are cast by the light we walk toward together.

T +/- Hugs the real truth about thugs! Thug

They call you a thug —

like that word means villain,

not survivor.

Like they never saw the pressure cooker hissing,

never felt the silence when the world

turns its face away.You snap, they call it rage.

They don’t see it’s the echo

of every door slammed,

every truth twisted into a weapon.Facts, buried under their smiles.

Gaslighted until shadows look holy,

and pain gets called defiance.But a thug?

A thug is the one who still stands

after the sacrifice.

The one who fights back

not because they’re cruel —

but because no one listened

when they pleaded to be heard.So when they say “thug,”

you say “truth.”

You say, “I’m what happens

when the world ignores the fire it started.”

Man or woman on your face or back -13 cause 4 abd N for the goddamn live it sure the f****** that!

Here's y!

Whitehouse

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ALASKA STATEHOOD

Document Type: 

CREST

Collection: 

General CIA Records

Document Number (FOIA) /ESDN (CREST): 

CIA-RDP60-00321R000300330001-2

Release Decision: 

RIPPUB

Original Classification: 

K

Document Page Count: 

19

Document Creation Date: 

December 27, 2016

Document Release Date: 

January 14, 2014

Sequence Number: 

1

Case Number: 

Publication Date: 

August 19, 1958

Content Type: 

MEMO

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STAT Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 R Next 1 Page(s) In Document Denied Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 EXECUTIVE OFFICE OF THE PRESIDENT BUREAU OF THE BUDGET WASHINGTON 25. D. C. s j0 ec BULLETIN NO. 59-1. August 4, 1958 TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS SUBJECT: Effects of Alaska statehood 1. "Ise. In view of the imminent admission of Alaska to statehood,VEiesident has directed the Bureau of the Budget to take the initiative in the executive branch, beyond the regular responsibilities of the Department of the Interior, in making a study of the effects of statehood on Federal lams and activities in order to develop a program for an orderly transition from territorial status. A copy of the President's letter is attached. Appropriate arrangements will be made centrally to assure necessary coordination with the government of Alaska. 2. Pro:E.L_..n_ttolDedeveloca. Each agency which has functions affected by to statehood shall: a. Review the laws, treaties, Executive orders, and directives which it administers, and its implementing regulations, instructions, and procedures in the light of Public Law u''-85-508 (the Act to provide for the admission of the State of Alaska into the Union) for the purpose of (1) deteraining what changes, if any, will be necessary or desirable because of Alaska's changed status; (2) identifying any questions, such as those involving statutory interpretation or policy issues, which will require resolution; (3) identifying Federal programs which cannot be initiated or continued with- out legislative or other action by the State of Alaska; and (4) developing, where necessary, drafts of proposed Federal legislation, Executive orders, proclamations, and other appropriate instruments. This review should include any pending legislation or legislative proposals in the draft stage. b. Review organizational arrangements for administration of the agency's programs in Alaska and internal agency regu- lations to identify actions required to accomplish such adjustments and modifications as should be made in connection with the transition to statehood. Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @50-Yr 2014/01/15 : CIA-R D P60-00321 R000300330001-2 -2- c. Review the grant-in-aid programs administered by the agency, and provide, in tabular form, the following data on each of those programs: (1) title of program; (2) comparison of matching or other provisions now applicable to the Territory of Alaska with those now applicable to the States) with specific description of and citations for any special pro- visions governing grants-in-aid to Alaska (including identi- fication of any instances in which the agency would have administrative discretion to make a grant to Alaska on terms different from those applicable to other States); (3) effect of statehood legislation on any special provisions; and (4) estimated amount of annual grant to Alaska for fiscal years 1959 and 1960 (A) under present law, (B) under conditions of statehood, and (C) in case any special provisions would remain when Alaska attains statehood, under formulas applicable to other States if those were applied to Alaska. This table should be consistent with the assumptions and policies set forth in paragraph 3. d. Review the effects of Alaska statehood upon the agencyte budget and prepare a statement indicating and explaining, by appropriation or fund account* the changes for the fiscal years 1959 and 1960 in appropriation requirements and expendi- tures as a result of Alaska statehood. This statement shall follow the'assumptions and policies set forth in paragraph 3. 3. Assumptions and policies for budget purposes. In order to assure uniformity of estimates, the following assumptions and policies will be used both in the preparation of the statement required by paragraph 2c and in the regular preparation of budget estimates: a. It will be assumed that Alaska will be a State for approximately the last 6 months of the current fiscal year. b. It will be assumed that present differentials which apply on a Government-wide basis, such as those relating to salaries and travel, will remain in effect. c. It will be assumed that new legislative proposals required as a result of Alaskals admission to statehood will generally become effective about the beginning of the fiscal year 1960. Such items will be handled in the same manner as other supple- mental budget estimates under proposed legislation, and will not be included in the regular budget schedules for the appropriation or fund involved. Declassified in Part - Sanitized Copy Approved for Release @50-Yr 2014/01/15 : ,CIA-R D P60-00321 R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 -3- 4. Reports. The following reports shall be made to the Bureau of the Budget: a0 By August 15, 1958, identification of the officer supervising the review required under paragraph 2 and a listing of any studies or plans made to that date in preparation for Alaska statehood. b. By September 15, 1958, the statements on grants-in-aid and budgetary changes referred to in paragraphs 2c and 2d, together with a preliminary report: (1) outlining plans for the review required under paragraphs 2a and 2b, indicating areas and types of programs being covered; and (2) high. lighting any issues or problems identified by that time which may require the attention of the President or action by the Congress, and any other matters which may require action, including any questions of statutory interpretation which are not resolved. c. By November 15, 1958, a final report summarizing the results of the review and indicating the significant actions con- templated, and questions raised, together with pertinent conclusions and recommendations. Drafts of proposed legis- lation, Executive orders, proclamations, and other instruments as may be found necessary should be submitted not later than this date. Five copies should be furnished of all submissions. The submission of information in response to this Bulletin is not a substitute for submission and clearance in the customary manner of those matters which require clearance under Budget Circular No. A-11 or Budget Circular No. A-.190 5. Action during continuance of Territorial status. Pending the proclamation of statehood for Alaska, the Office of Territories of the Department of the Interior will continue to coordinate the Federal programs in Alaska which it has heretofore coordinated. Inquiries about this Bulletin should be addressed to Harold Seidman, Assistant Chief, Office of Management and Organization (code 113, extension 2128). MAURICE H. STANS Director Attachment Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Attachment To Bureau of the Budget Bulletin No. 59-1 THE WHITE HOUSE WAS H IN GTO N July 18, 1958 Dear Mr. Stans: In view of the imminent admission of the State of Alaska into the Union, it is essential that the Federal Government promptly make such adjustments in present Federal laws and programs as are necessary to facilitate an orderly transition from territorial status to statehood. This will require a careful study of the effects of statehood and the development of a systematic and coordinated program for effecting the transition. I believe that the Bureau of the Budget should assume leader- ship for Executive Branch action inthis area, beyond the regular responsibilities of the Department of the Interior. Therefore, I am asking you, with the cooperation of the interested departments and agencies, to undertake the task of reviewing the implications of Alaska statehood, develop- ing a comprehensive plan for accomplishing the transition, and presenting to me recommendations for dealing with any matters requiring my attention. Sincerely, AGjelefe,a"...._ The Honorable Maurice H. Stans Director Bureau of the Budget Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release CIA-RDP60-00321R000300330001-2 85-508 85th Congress, H. R. 7999 July 7, 1958 AN ACT @50-Yr 2014L01!15: 72 Stat. 339. To provide for the admission of the State of Alaska Into the Union. Be it enacted by the Senate and House of Representatives of the United States 'of America in Congress assembled, That, subject to the Alaska, provisions of 'this Act, and upon issuance of the proclamation statehood. required by section 8 (c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, "An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the con- stitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date", approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. SEC. 2. The State of Alaska shall consist of all the territory, Territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska. SEC. 3. The constitution of the State of Alaska shall always be Constitution. republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. SEc. 4. As a compact with the United States said State and\its Compaot people do agree and declare that they forever disclaim all right and with U.S. title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is sub- ject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property, belonging to the United States or which may belong to said natives, shall be and remain under the absolute juris- diction and control a the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this Act shall recognize, deny, enlarge, impair, or other- wise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has pre- scribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation. GPO: 1958 0-27985 (313) Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 -2- July 7, 1958 72 Stat. 340. Title to SEc. 5. The State of Alaska and its political subdivisions, respec- property. tively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as providethin section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands. seleoti on from SEC. 6. (a) For the purposes of furthering the development of and publio lands, expansion of communities, the State of Alaska is hereby granted and shall be entitled to select, within twenty-five years after the date of the admission of the State of Alaska into the Union, from lands within national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the, time of their selection not to exceed another four hundred thousand acres of land, all of which shall be adjacent to established communities or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the land so occupied. (b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within twenty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection: Provided, That nothing herein contained shall affect any valid exist- ing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose what- soever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the lands so occupied: And provided further, That no selection hereunder shall be made in the area north and west of the line described in section 10 without approval of the President or his designated representative. (c) Block 32, and the structures and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use. (d) Block 19, and the structures and improvements thereon, and the interests of the United States in blocks C and 7, and the structures and improvements thereon, in the city of Juneau, are hereby granted to the State of Alaska. Fish and (e) All real and personal property of the United States situated in wildlife the Territory of Alaska which is specifically used for the sole purpose resources. of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 (57 Stat. 301; 48 U. S. C., secs. 192-211), as amended, and under the provisions of the Alaska commercial fisheries laws of June 26, 1906 (34 Stat. 478; 48 U. S. C., secs. 230-239 and 241-242), and June 6, 1924 (43 Stat. 465; 48 U. S. C., secs. 221-228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: Provided, That the administration and management of the fish and wildlife resources of Alaska shall be retained by the Federal Government under existing laws until the Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA- RDP60-00321R000300330001-2 Pub. Law 85-508 72 Stat. 341. first day of the first calendar year following the expiration of ninety legislative days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate pro- vision for the administration' management, and conservation of said resourcet in the broad national interest: Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research activities relating to fisheries or wildlife. Sums of money that are available for apportionment or which the Secretary of the Interior shall have apportioned, as of the date the State of Alaska shall be deemed to be admitted into the Union, for wildlife restoration in the Territory of Alaska, pursuant to section 8 (a) of the Act of September 2, 1937, as amended (16 U. S. C., sec. 669g-1), and for fish restoration and man- 55 Stat. 632. agement in the Territory of Alaska, pursuant to section 12 of the Act of August 9, 1950 (16 U. S. C. sec. 777k), shall continue to be 64 Stat. 434. available for the period, and under tlie terms and conditions in effect at the time, the apportionments are made. Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea-otter skins made in accordance with the provisions of the Act of February 26, 1944 (58 Stat. 100;16 U. S. C., secs. 631a-631q), as supplemented and. amended. In arriving at the net proceeds, there shall be deducted ,from the receipts from all sales all costs to the United States in carrying out the provisions of the Act of February 26, 1944, as supplemented and amended, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the adminis- tration of the Pribilof Islands. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Act of February 26, 1944, as supplemented and amended, and the Act of June 28, 1937 (50 Stat. 325), as amended (16 U. S. C., sec. 772 et seq.). (f) Five per centum of the proceeds of sale of public lands lying Public school within said State which shall be sold by the United States ?ubsequent support. to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State. (g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of .Alaska by this Act shall he selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reason- ably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the pre- ferred right of application created by section 4 of the Act of September Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part- Sanitized Copy Approved for Release @50-Yr 2014/01/15: DIA-RDP60-00321R000300330001-2 8 -4- July 7, 1958 Mineral leases, permits, eto. 48 USC 432, passim. Mineral land grants. Schools and oolleges. 27, 1944 (58 Stat. 748; 43 U. S. C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. Where any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such selected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundaries of the area requested shall conform to the public land subdivisions established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this Act shall be patented to the State by the Sec- retary of the Interior. Following the selection of lands by the State and the tentative approval of such selection by the Secretary of the Interior or his designee, but prior to the issuance of final patent, the State is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words "equitable claims subject to allowance and confirmation" include, without limitation, claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands. (h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U. S. C., sec. 181 and following), as amended, or under the Alaska Coal Leasing Act of October 20, 1914 (38 Stat. 741; 30 U. S. C., sec. 432 and following), as amended, shall have the effect of withdrawing the lands subject thereto from selection by the State of Alaska under this Act, unless such lease, permit, license, or contract is in effect on the date of ap- proval of this Act, and unless an application to select such lands is filed with the Secretary of the Interior within a period of five years after the date of the admission of Alaska into the Union. Such selections shall be made only from lands that are otherwise open to selection under this Act, and shall include the entire area that is sub- ject to each lease, permit, license, or contract involved in the selections. Any patent for lands so selected shall vest in the State of Alaska all right, title, and interest of the United States in and to any such lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all rentals, royalties, and other payments accruing after that date under such lease, permit, license, or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of such lease, permit, license, or contract: Provided, That nothing herein contained shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder. (i) All grants made or confirmed under this Act shall include min- eral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain a reserva- tion to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: Provided, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States District Court for the District of Alaska. (j) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental i Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 I Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: FIA-RDP60-00321R000300330001-2 Pub. Law 85-508 72 Stat. 343. subdivisions, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. (k) Grants previously made to the Territory of Alaska are hereby Confirmation confirmed and transferred to the State of Alaska upon its admission. of grants. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U. S. C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U. S. C., sec. 191), as amended, are repealed and all lands therein reserved under the provisions of Repeals. section 1 as of the date of this Act shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any out- standing lease, permit, license, or contract issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or contract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal. (1) The grants provided for in this Act shall be in lieu of the grant Internal of land for purposes of internal improvements made to new States by improvement's. section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U. S. C., sec. 857), and in lieu of the swampland grant made by the Act of September 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U. S. C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 1862, as amended (12 Stat. 503; 7 U. S. C., secs. 301-308), which grants are hereby declared not to extend to the State of Alaska. (m) The Submerged Lands Act of 1953 (Public Law 31, Eighty- Submerged third Congress, first session; (7 Stat. 29) shall be applicable to the lands. State of Alaska and the said State shall have the same rights as do 43 USC 130). existing States thereunder. note. SEC. 7. Upon enactment of this Act, it shall be the duty of the certification President of the United States, not later than July 3, 1958, to certify by President. such fact to the Governor of Alaska. Thereupon the Governor, on or after July 3, 1958, and not later than August 1, 1958, shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitu- tion of the proposed State of Alaska, but the officers so elected shall in any event include two Senators and one Representative in Congress. SEC. 8. (a) The proclamation of the Governor of Alaska required Election of by section 7 shall provide for holding of a primary election and a officers; general election on dates to be fixed by the Governor of Alaska: date, etc. Provided, That the general election shall not be held later than December 1, 1958, and at such elections the officers required to be elected as provided in section 7 shall be, and officers for other elective offices provided for in the constitution of the proposed State of Alaska may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Alaska for the election of mem- bers of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Alaska may prescribe. The Governor of Alaska shall certify the results of said elections to the President of the United States. (b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsec- tion (a) of this section, or a Territorial general election, or a special Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15: CIA-RDP60-00321R000300330001-2 Declassified in Part - Sanitized Copy Approved for Release @ 50-Yr 2014/01/15 C1A-RDP60-00321R000300330001-2 8 -6- July 7, 1958 72 Stat. 344. Certification of voting results by Governor. Proolamation by President. Laws in effeot.( election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositions: "(1) Shall Alaska immediately be admitted into the Union as a State? "(2) The boundaries of the State of Alaska shall be as prescribed in the Act of Con

UNITED STATES DISTRICT COURT

DISTRICT OF ALASKA

UNITED STATES OF AMERICA,

Plaintiff,

v.

CITY OF LJNALASKA, ALASKA,

THE STATE OF ALASKA

Defendants.

Civ. A. No. 3:11-cv-00133-HRH

TABLE OF CONTENTS

I. JURISDICTION AND VENUE ................................................................................................. 2

II. APPLICABILITY ...................................................................................................................... 2

III. OBJECTIVE ............................................................................................................................ 3

IV. DEFINITIONS ........................................................................................................................ 3

V. CIVIL PENALTY ..................................................................................................................... 6

VI. COMPLIANCE REQUIREMENTS ....................................................................................... 6

VII. REPORTING REQUIREMENTS ........................................................................................ 10

VIII. STIPULATED PENALTIES .............................................................................................. 12

IX. FORCE MAJEURE ............................................................................................................... 19

X. DISPUTE RESOLUTION ....................................................................................................... 21

XI. INFORMATION COLLECTION AND RETENTION ........................................................ 23

XII. EFFECT OF SETTLEMENT ............................................................................................... 25

XIII. COSTS ................................................................................................................................ 27

XIV. NOTICES ............................................................................................................................28

XV. EFFECTIVE DATE ............................................................................................................. 29

XVI. RETENTION OF NRISDICTION .................................................................................... 30

XVII. MODIFICATION ..............................................................................................................30

XVIII. TERMINATION .............................................................................:................................ 30

XIX. PUBLIC PARTICIPATION ............................................................................................... 31

XX. SIGNATORIES/SERVICE ............................................................................................:.....31

XXI. INTEGRATION ................................................................................................................. 32

~XII. APPENDICES ...............................................................................................................- 32 -

XXIII. FINAL JUDGMENT .......................................................................................................32

United States v. Citv of Unalaska Consent Decree

Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 2 of 46

CONSENT DECREE

United States v. City of Unalaska Consent Decree

Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 1 of 46

APPENDICES

Appendix A: Influent Pump Station Improvements

Appendix B: Landfill Leachate Tank

Appendix C: Chlorination/Dechlorination System

Appendix D: Chemically Enhanced Primary Treatment System

Appendix E: Interim Effluent Limits

United States v. City of Unalaska Consent Decree

Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 3 of 46

WHEREAS Defendant, the City of Unalaska, Alaska ("the City") owns and operates a

publicly owned treatment works ("POTW ' or "the Facility") currently located at 19 Gilman

Road, in Unalaska, Alaska, that collects, pumps, treats, and disposes of sanitary sewage and

other pollutants into South Unalaska Bay, part of the Bering Sea.

WHEREAS on December 15, 2003, EPA issued the City a National Pollution Discharge

Elimination System ("NPDES") Permit (No. AK-004345-1) under Section 402 of the CWA,

33 U.S.C. § 1342, that authorized the City to discharge specified concentrations and amounts of

certain pollutants from the POTW. The City's Permit became effective on February 1, 2004;

however, the City disputes the validity of certain permit terms the enforcement of which is

resolved under this Consent Decree.

WHEREAS Plaintiff, the United States of America, on behalf of the United States

Environmental Protection Agency ("EPA"), has filed a Complaint in this action alleging that the

City is liable for civil penalties and injunctive relief pursuant to Section 309(b) and (d) of the

Federal Water Pollution Control Act of 1972, as amended (the "Clean Water Act" or the

"CWA"), 33 U.S.C. § 1319(b)&(d), for the POTW's discharges of pollutants in violation of its

NPDES Permit and Section 301(a) ofthe CWA, 33 U.S.C. § 1311(a).

WHEREAS the United States' Complaint also names the State of Alaska as a defendant

pursuant to Section 309(e) of the Clean Water Act, 33 U.S.C. § 1319(e).

WHEREAS the City of Unalaska does not admit any liability for the violations alleged in

the Complaint.

United States v. City of Unalaska Consent Decree Page - 1 -

Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 4 of 46

WHEREAS the Parties recognize, and the Court by entering this Consent Decree finds,

that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation

among the Parties, and that this Consent Decree is fair, reasonable, and in the public interest.

NOW, THEREFORE, with the consent of the Parties and without adjudication of any

issue of fact or law except as expressly provided herein, IT IS HEREBY ADJUDGED,

ORDERED, AND DECREED as follows:

I. JURISDICTION AND VENUE

This Court has jurisdiction over the subject matter of this action pursuant to

28 U.S.C. §§ 1331, 1345, and 1355, Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and over

the Parties. Venue lies in this District pursuant to Section 309(b) of the CWA, 33 U.S.C.

§ 1319(b), and 28 U.S.C. §§ 1391 and 1395(a), because the City is located in this judicial

district. For purposes of this Decree, or any action to enforce this Decree, the City consents to

the Court's jurisdiction over this Decree and any such action and over the City and consents to

venue in this judicial district.

2. For purposes of this Consent Decree, the City agrees that the Complaint states

claims upon which relief may be granted pursuant to Section 309(b) of the CWA, 33 U.S.C.

§ 1319(b), and 28 U.S.C. §§ 1331, 1345, and 1355.

II. APPLICABILITY

3. The obligations of this Consent Decree apply to and are binding upon the United

States, the State, and the City and any successors, assigns, or other entities or persons otherwise

bound by law.

4. No transfer of ownership or operation of the Facility, whether in compliance with

the procedures of this Paragraph or otherwise, shall relieve the City of its obligation to ensure

United States v. City of Unalaska Consent Decree Page - 2 -

Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 5 of 46

that the terms of the Consent Decree axe implemented. At least thirty (30) Days prior to any

transfer of ownership or operation of the Facility, the City shall provide a copy of this Consent

Decree to the proposed transferee and shall simultaneously provide written notice of the

prospective transfer, together with a copy of the proposed transfer agreement, to the United

States, in accordance with Section XIV. Any attempt to transfer ownership or operation of the

Facility without complying with this Paragraph constitutes a violation of this Consent Decree.

5. The City shall provide a copy of this Consent Decree to all officers, employees,

and agents whose duties might reasonably include compliance with any provision of this Decree,

as well as to any contractor retained to perform work required under this Consent Decree. The

City shall condition any such contract upon performance of the work in conformity with the

terms of this Consent Decree.

6. In any action to enforce this Consent Decree, the City shall not raise as a defense

the failure by any of its officers, directors, employees, agents, or contractors to take any actions

necessary to comply with the provisions of this Consent Decree.

III. OBJECTIVES

7. It is the goal of the Parties and this Consent Decree for the City to construct and

operate various wastewater treatment-related projects that will enable the Facility to comply with

its current NPDES Permit, issued on December 15, 2003, as well as the Final Fecal Coliform and

Percent Removal Limits set forth in this Consent Decree for the term of this Consent Decree.

IV. DEFINITIONS

Terms used in this Consent Decree that are defined in the CWA or in regulations

promulgated pursuant to the CWA shall have the meanings assigned to them in the CWA or such

regulations, unless otherwise provided in this Consent Decree. Whenever the terms set forth

United States v. City of Unalaska Consent Decree Page - 3 -

Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 6 of 46

below are used in this Consent Decree, the following definitions shall apply:

a. "ADEC" shall mean the Alaska Department of Environmental

Conservation and any components thereof or successor agencies and departments.

b. "CWA" and "Clean Water Act" shall mean the Federal Water Pollution

Control Act of 1972, as amended, 33 U.S.C. §§ 1251-1387.

action.

c. "Complaint" shall mean the complaint filed by the United States in this

d. "Consent Decree" or "Decree" shall mean this Consent Decree and all

appendices attached hereto.

e. "Date of Lodging" shall mean the day that the Consent Decree is

lodged with the Court for public comment as provided by Section XIX.

f. "Day" shall mean a calendar day unless expressly stated to be a business

day. In computing any period of time under this Consent Decree, where the last day would fall

on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the

next business day.

g. "The City" shall mean the City of Unalaska, Alaska.

h. "Deliverable" shall mean any written report or other document or item

required to be prepared and/or submitted pursuant to this Consent Decree.

i. "EPA" shall mean the United States Environmental Protection Agency

and any of its successor departments or agencies.

j. "Effective Date" shall mean the date upon which this Consent Decree is

entered by the Court or a motion to enter the Consent Decree is granted, whichever occurs first,

as recorded on the Court's docket, pursuant k. "Facility" shall mean the City's publicly owned treatment works, currently

located at 19 Gilman Road, Unalaska, Alaska, all associated collection, holding, transporting and

treatment and discharge systems, including that portion of the City's landfill downstream from

the lined landfill cells that collects, holds, and transports leachate from the City landfill to the

POTW, and all appurtenances, additions, improvements or replacements thereto.

1. "NPDES Permit" shall mean the National Pollution Discharge Elimination

System Permit, Permit No. AK-004345, issued to the City by EPA on December 15, 2003.

m. "Paragraph" shall mean a portion of this Consent Decree identified by an

Arabic numeral.

n. "Parties" shall mean the United States, the State, and the City.

o. "Section" shall mean a portion of this Consent Decree identified by a

Roman numeral.

p. "State" shall mean the State of Alaska.

q. "Substantial Completion" of a construction project shall mean that (i) all

equipment testing has been satisfactorily performed under normal operating range; (ii) personnel

have been trained in proper operation of the project; (iii) the construction project is functionally

operational; (iv) the City has prepared a complete operations and maintenance manual which is

available on site; and (v) the City is able to use the product of the construction work to hold,

transport and/or treat wastewater in accordance with the project's design.

"United States" shall mean the United States of America, acting on behalf

of EPA.

United States v. City of Unalaska Consent Decree ~ Page - 5 -

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Ad bs!

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Case 3:11-cv-00133-HRH Document 53 Filed 07/03/12 Page 7 of 46

Fingerprint Process Review Request

Subject

Request for review of fingerprint booking and release process

Summary

I am requesting a review of the fingerprinting process used during my booking and release. My concern is limited to whether the fingerprint record was captured correctly, whether there was a machine issue, whether the prints were properly lifted or scanned, and whether the correct subject record was associated with my fingerprints.

Why I am concerned

Fingerprint systems are not perfect. Research shows that presentation attacks and spoofing have been studied for years, and there are documented examples where lifted prints, molds, and other fabricated fingerprint replicas have been used to fool biometric systems under some conditions [web:21][web:24][web:29][web:31][web:35]. There are also documented wrongful identification cases where fingerprint analysis errors or weak documentation led to serious mistakes [web:30][web:32][web:35].

My concern is that if a fingerprint scan was interrupted, restarted, or handled by multiple people on the same machine in a short period of time, there could be a record association problem, a capture error, or a mistaken assignment of one print to another person. I am not claiming that happened as a fact. I am requesting a review because the process itself raises a legitimate question about accuracy and chain of handling.

Relevant examples and process concerns

Fingerprint capture can involve partial lifts, rolled prints, smudging, overlap, or poor quality images. Studies show that latent or lifted prints can be enhanced and then used to create molds or spoofing samples, and that some spoofed prints can score surprisingly well against scanners [web:29][web:31][web:36]. Other studies show that fingerprint presentation attack detection is an active research area because scanners can sometimes be fooled by fabricated materials or altered prints [web:21][web:24][web:33].

The Black Dahlia case is often cited because Elizabeth Short was identified through fingerprints on file, but the case also shows how fingerprints can become central to identity questions while still leaving room for disagreement, missing evidence, and competing theories [web:41][web:44][web:46]. Some writers and commentators have argued for multiple-person involvement theories, but those are not settled facts and should be treated as theories rather than conclusions [web:40][web:43][web:46].

For that reason, I want the review to focus on whether my booking fingerprint process was continuous, whether the scanner malfunctioned, whether another person used the same device during the same period, and whether the resulting record was correctly tied to the right subject. I am also asking that the possibility of a systemwide or policy-level handling issue be reviewed, because a procedure can fail without local staff realizing a record association problem occurred [web:42][web:45].

Points for review

Felicia Ann Hook Hagler

Charge at stanct.org 148.1

Room 114

Book release no BAI

Bail of 3000 listed on my form

Unknown and question why

Inmate booking issue

The inmate booked using fingerprint when my fingerprints were supposedly messed up was Amanda Morales

Room 116

Phone 2099613554

No address or DOS just Waterford CA 95386

Charges dropped completely

Requested records

Booking log and fingerprint capture log

Device error or maintenance record for the fingerprint scanner

Any recapture or restart notes entered by staff

Audit trail showing time stamps and subject association for the fingerprint record

Policy or procedure used when a fingerprint scan fails or is interrupted

Any record showing who used the machine during the same time frame

Request

Please review the fingerprinting process to confirm that my prints were properly captured and associated with my record. During the process, the scanner reportedly had issues and I was sent away and brought back later. I also observed that another person used the same machine during the same time frame. I am requesting a factual review of the process, records, and device logs to confirm whether the fingerprinting procedure was performed correctly and whether my record is accurate.

I am asking for this review because fingerprint evidence can be affected by quality problems, interruption, mislabeling, or flawed handling, and I want to prevent any mistaken association before it becomes an issue [web:30][web:32][web:35].

Sincerely

Your Name

Your booking number if any

Date